EXCLUSIVE: Nigerian Army Defies Supreme Court Ruling, Refuses to Reinstate Acquitted Officer Major Oseni

Despite a definitive ruling by the Supreme Court of Nigeria, the Nigerian Army has failed to reinstate Major Akeem Aderogba Oseni, a military officer previously convicted of manslaughter but later fully acquitted by the Court of Appeal and the apex court.

Investigations revealed that the Army continues to ignore the February 2025 Supreme Court judgment that dismissed its appeal for lack of diligence.

The decision upheld the Court of Appeal’s October 2023 verdict, which nullified the 10-year sentence handed to Major Oseni by a General Court Martial and ordered his discharge and acquittal.

In defiance of these rulings, the Army has not only refused to reinstate Major Oseni but has also failed to pay his withheld salaries and entitlements, actions legal experts describe as contemptuous and unconstitutional.

A prior letter signed by Lieutenant Colonel C.W. Okonkwo, on behalf of the Chief of Army Staff, had cited the Army’s pending appeal as justification for delaying reinstatement. However, that appeal was formally dismissed by the Supreme Court on February 12, 2025.

Justice Uwani Musa Abba Aji, who delivered the apex court’s ruling, stated:

“Application filed on 9/10/2023 for an order dismissing this appeal for failure to compile and transmit record of appeal is hereby granted. Appeal No. SC/CR/948/2023 is hereby dismissed.”

Despite this conclusive judgment, the Army has not reversed its stance, effectively snubbing Nigeria’s highest court and undermining the rule of law.

Major Oseni was convicted by a General Court Martial in 2020 over the death of Lance Corporal Benjamin Collins, who was allegedly being disciplined after an attempted jailbreak.

Oseni maintained he only administered a standard counselling drill and ensured Collins was taken to the hospital when he noticed signs of distress. Collins was later confirmed dead.

The Court of Appeal, led by Justice Biobele Georgewill, found the trial process deeply flawed and questioned why Oseni alone was convicted out of four officers implicated, all of whom were later acquitted.

The appellate court ruled:

“From the evidence available, Major Oseni did not intend to cause grievous harm. The trial court erred in its judgment.”

“The respondents usurped the powers of the court,” the judge noted. “They are not above the law.”

Despite these multiple court victories, Major Oseni remains sidelined, unpaid, and unjustly excluded from service, raising serious questions about military obedience to judicial authority and respect for human rights in Nigeria’s armed forces.